In this subtitle, the term “commercial service” means any of the following:(1) Installation services, maintenance services, repair services, training services, and other services if—(A) those services are procured for support of a commercial product, regardless of whether the services are provided by the same source or at the same time as the commercial product; and
(B) the source of the services provides similar services contemporaneously to the general public under terms and conditions similar to those offered to the Federal Government;
(2) Services of a type offered and sold competitively, in substantial quantities, in the commercial marketplace—(A) based on established catalog or market prices;
(B) for specific tasks performed or specific outcomes to be achieved; and
(C) under standard commercial terms and conditions.
(3) A service described in paragraph (1) or (2), even though the service is transferred between or among separate divisions, subsidiaries, or affiliates of a contractor.
(Added Pub. L. 115–232, div. A, title VIII, § 836(a)(1), Aug. 13, 2018, 132 Stat. 1860.)
Statutory Notes and Related Subsidiaries
Effective DateSection effective Jan. 1, 2020, subject to a savings provision, see section 836(h) of Pub. L. 115–232, set out as an Effective Date of 2018 Amendment; Savings Provision note under section 453b of Title 6, Domestic Security.
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